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Rh article is inadmissible in every extremity; sooner than this army will consent to ground their arms in their encampment, they will rush on the enemy, determined to take no quarter." After various messages, a convention for the surrender of the army was settled, which provided that "the troops under General Burgoyne were to march out of their camp with the honors of war, and the artillery of the intrenchments, to the verge of the river, where the arms and artillery were to be left. The arms to be piled by word of command from their own officers. A free passage was to be granted to the army under Lieutenant General Burgoyne to Great Britain, upon condition of not serving again in North America during the present contest."

The Articles of Capitulation were settled on the 15th of October; and on that very evening a messenger arrived from Clinton with an account of his successes, and with the tidings that part of his force had penetrated as far as Esopus, within fifty miles of Burgoyne's camp. But it was too late. The public faith was pledged; and the army was indeed too debilitated by fatigue and hunger to resist an attack, if made; and Gates certainly would have made it, if the Convention had been broken off. Accordingly, on the 17th, the Convention of Saratoga was carried into effect. By this Convention 5790 men surrendered themselves as prisoners. The sick and wounded left in the camp when the British retreated to Saratoga, together with the numbers of the British, German, and Canadian troops who were killed, wounded, or taken, and who had deserted in the preceding part of the expedition, were reckoned to be 4689.

The British sick and wounded who had fallen into the hands of the Americans after the battle of the seventh were treated with exemplary humanity; and when the Convention was executed, General Gates showed a noble delicacy of feeling, which deserves the highest degree of honor. Every circumstance was avoided which could give the appearance of triumph. The American troops remained within their lines until the British had piled their arms; and when this was done, the vanquished officers and soldiers were received with friendly kindness by their victors, and their immediate wants were promptly and liberally supplied. Discussions and disputes afterward arose as to some of the terms of the Convention, and the American Congress refused for a long time to carry into effect the article which